WASHINGTON - The American Nursery & Landscape Association (ANLA) and the Associated Landscape Contractors of America (ALCA) have been working together in the Essential Worker Immigration Coalition, which is looking at reforming or changing the H-2A and H-2B Guest Worker Programs.

ANLA formed the Agriculture Coalition for Immigration Reform (ACIR), a team headed by Anthony R. Bedell, to meet with White House immigration and economic staffs in an effort to move the issue forward.

"ACIR's mission is to pass comprehensive immigration reform to the H-2A Agricultural Guest Worker Program and to offer an earned status adjustment to the current undocumented work force in the agriculture industry," said Bedell. "We're trying to do the same thing for the H-2B Guest Worker Program."

The H-2A reform side of the bill is a long-term reform that will deregulate the current "bureaucratic hang-ups" in the program, change the wage rate to the prevailing wage, and streamline the certification process, making it easier to use and more accessible to agriculture growers in today's tight labor market. Bedell points out that the agriculture reform will have a direct benefit on the landscaping industry.

"We've developed legislation with the Essential Worker Immigration Coalition, which is the counterpart to ACIR on the service industry side," said Bedell. "We are on the steering committee, and we've developed legislation identical to the agriculture bill to streamline the H-2B Service Industry Guest Worker Program and offer an earned status adjustment for undocumented workers in the landscape contracting industry. So it's the same bill applied differently to the two different industries."

The short-term plan involves the Earned Status Adjustment which provides for farm workers who have worked in the industry a minimum of 150 days, 12 months prior to enactment of the bill, and then have to work four to six years, 150 days per year (meeting the requirement of 600 days in the agriculture industry).

"During the program they'll be granted temporary status and can do their 150 days in agriculture at any time during the year," said Bedell. "Once they've finished that agriculture requirement, they'll be free to work in other industries — which is why the service industry and the landscape contracting industry are in favor of what we're trying to do. At the end of the four to six years, when [immigrant workers] complete their 600 days, they are allowed to adjust to legal permanent residence."

Bedell said the agriculture bill (H-2A) is probably going to move ahead of the service bill. "H-2B is probably going to be [examined] later in the year as we move forward with the President's intent to try to do a new Guest Worker Program with the U.S.-Mexico Commission. The positive in there for landscape contractors is that, for 215 days of the year, the folks we legalize would be eligible to work in other industries. So [landscape contracting firms] can recruit from a legal pool of 650,000 agriculture workers, as long as they maintain their minimum of 150 days."

For more information on ACIR, its sponsors and reform efforts, contact Anthony Bedell at (202)789-2900.

Declaratory Ruling Issued in Michigan

LANSING, Mich. - A declaratory ruling has been issued in Michigan regarding Landscape Contractors having to obtain a residential builder or residential maintenance and alteration contractor's license.

This issue was raised by landscaper Wayne Helgemo of First Oakland Landscaping. Helgemo completed installation of a planter wall of approximately 20" in height, a paver step, a paver walkway, and a paver patio for a customer. The planter wall, step, walkway, and patio do not require the use of any adhesives, mortar or cement.

Helgemo asked the State of Michigan Department of Consumer & Industry Services if those activities required him to obtain a residential builder or residential maintenance and alteration contractor's license.

It was determined that the activities do not fit the Building Officials and Code Administrators definition of "masonry," since none of the activities involved the use of mortar. The landscaping activities described fall outside of the scope of practice of a residential maintenance and alterations contractor.

In summary, Helgemo did not require licensure as a residential maintenance and alterations contractor. LCM